Due process - Process that is due. Due process of law - Process that is due, as of law. One cannot expect to list all the elements of required procedures relating to due process under American law. However, some things are certainly due no matter what, such as life, liberty, and the pursuit of happiness. Duty, from Anglo-French duete, and from Old French deu due, owed; proper, just, from Vulgar Latin debutus, from Latin debitus, past participle of debere to owe. Having a duty is having a due. An owed, proper, and just debt. The law requires owed, proper, and just debts to be paid. Duty to the public is a public debt. Those should definitely be paid. Public debt cannot be paid without a due process. Civic Responsibility -The liability to be called upon to respond to an action at law for in injury caused by a delict or crime, as opposed to criminal responsibility, or liability to be proceeded against in a criminal tribunal. -Blacks Law An analysis made by the late Judge Henry Friendly in his well-regarded article, Some Kind of Hearing, generated a list that remains highly influential, as to both content and relative priority: An unbiased tribunal. Notice of the proposed action and the grounds asserted for it. Opportunity to present reasons why the proposed action should not be taken. The right to present evidence, including the right to call witnesses. The right to know opposing evidence. The right to cross-examine adverse witnesses. A decision based exclusively on the evidence presented. Opportunity to be represented by counsel. Requirement that the tribunal prepare a record of the evidence presented. Requirement that the tribunal prepare written findings of fact and reasons for its decision. FEDERAL RULES OF CIVIL PROCEDURE RULE 4. SUMMONS (b) Issuance. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served. (1) Contents. A summons must: (A) name the court and the parties; (B) be directed to the defendant; (C) state the name and address of the plaintiffs attorney or—if unrepresented—of the plaintiff; (D) state the time within which the defendant must appear and defend; (E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (F) be signed by the clerk; and (G) bear the courts seal
Posted on: Thu, 31 Jul 2014 18:18:13 +0000
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